תלמוד בבלי
תלמוד בבלי

Responsa על כתובות 133:14

Teshuvot Maharam

Q. Does a woman collect her ketubah from a loan that has been secured by a pledge at the time the loan was contracted? Does a first-born son receive a double share from such a loan?
A. A woman may collect her ketubah from all loans, even from loans that are not secured by pledges. Nowadays especially, since a woman may collect her ketubah from movables — and even after the loan is repaid to the orphans she may demand the money thus repaid in payment of her ketubah — she is entitled to collect directly from the debtor. Moreover, the custom of collecting the ketubah from movables and from loans, is well established in our time. Such a custom may be justified by the fact that the major part of our business consists of loans and investments. Similarly a first-born is entitled to a double share from a loan that had been secured by a pledge, since such a loan is not considered raui (a potential asset) but constitutes a real asset of the estate.
SOURCES: Am II, 66.
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Teshuvot Maharam

Q. We are in doubt concerning the implications of the following ruling of the scholars of Nehardea: When one person gives goods to another in order that the latter trade therewith and the former share in the profits, half of the value of such goods is considered a loan (at the risk of the active partner) and the other half, a trust (at the risk of the investor). Does this statement imply that the part which is considered a loan is subject to all the laws governing loans, even to the extent of being cancelled by a Sabbatical year? Would it not work to the disadvantage of the investor?
A. That part which is considered a loan is subject to all the laws governing loans and is subject to cancellation by a Sabbatical year. However, the investor can safeguard his interests by writing a Prosbol.
This Responsum is addressed to R. Shemariah.
SOURCES: L. 490; Mord. B. M. 390.
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